9). Any person empowered to apprehend an offender,however, is authorized to secure the custody of analleged offender until proper authority may be notified.Art. 8. Apprehension of DesertersAny civil officer having authority toapprehend offenders under the laws of theUnited States or of a State, Territory,Commonwealth, or possession, or the Districtof Columbia may summarily apprehend adeserter from the armed forces and deliver himinto the custody of those forces.When a military service sends out a description of adeserter, with a request for the deserters apprehension,the notice gives civil officers the authority to apprehendthe person.Art. 9. Imposition of Restraint(a) Arrest is the restraint of a person by anorder not imposed as a punishment for anoffense, directing him to remain within certainspecified limits. Confinement is the physicalrestraint of a person.(b) An enlisted member may be orderedi n t o a r r e s t o r c o n fi n e m e n t b y a n ycommissioned officer by an order, oral orwritten, delivered in person or through otherpersons subject to this code. A commandingofficer may authorize warrant officers, pettyofficers, or noncommissioned officers to orderenlisted members of his command or subject tohis authority into arrest or confinement.(c) A commissioned officer, a warrantofficer, or a civilian subject to this code or totrial thereunder may be ordered into arrest orconfinement only by a commanding officer towhose authority he is subject, by an order, oralor written, delivered in person or by anothercommissioned officer. The authority to ordersuch persons into arrest or confinement may notbe delegated.(d) No person may be ordered into arrestor confinement except for probable cause.(e) Nothing in this article limits theauthority of persons authorized to apprehendoffenders to secure the custody of an allegedoffender until proper authority may be notified.Art. 10. Restraint of Persons Charged withOffensesAny person subject to this chapter chargedwith an offense under this chapter shall beordered into arrest or confinement, ascircumstances may require; but when chargedonly with an offense normally tried by asummary court-martial, he shall not ordinarilybe placed in confinement. When any personsubject to this chapter is placed in arrest orconfinement prior to trial, immediate stepsshall be taken to inform him of the specificwrong of which he is accused and to try him orto dismiss the charges and release him.As the words normally and ordinarily imply, theprovisions of this article may not apply in exceptionalcases. Whether to confine, arrest, or restrict a person inlieu of arrest is with the discretion of the officer havingthe power to do so. What this article says, in effect, isthat in most instances confinement is not necessary forpersons accused of minor offenses.Art. 11. Reports and Receiving of Prisoners(a) No provost marshal, commander of aguard, or master-at-arms may refuse to receiveor keep any prisoner committed to his charge bya commissioned officer of the armed forces,when the committing officer furnishes astatement, signed by him, of the offensecharged against the prisoner.(b) Every commander of the guard ormaster-at-arms to whose charge a prisoner iscommitted shall, within twenty-four hours afterthat commitment or as soon as he is relievedfrom guard, report to the commanding officerthe name of the prisoner, the offense chargedagainst him, and the name of the person whoordered or authorized the commitment.An arrest is imposed by notifying the person to bearrested that the person is under arrest and informing the2-18Student Notes: